Trial and burden of proof of contributory negligence

N.Y. Estates, Powers & Trusts Law § 5-4.2, under Rights of Members of Family Resulting From Wrongful Act, Neglect or Default Causing Death of Decedent.

N.Y. Estates, Powers & Trusts Law § 5-4.2

§ 5-4.2 Trial and burden of proof of contributory negligence On the trial of an action accruing before September first, nineteen hundred seventy-five to recover damages for causing death the contributory negligence of the decedent shall be a defense, to be pleaded and proved by the defendant.